That is if you are charged with a 2nd offense in Massachusetts. You may be eligible for something called the “Cahill Disposition” and it comes from a 2004 case law; which the Registry of Motor Vehicles (RMV) is required to honor the decision of the Court to treat a 2nd offense OUI as a 1st offense; if it occurs more than ten (10) years from the date of the 1st drunk driving conviction.

Now there is a lifetime look back for OUI’s, but it basically means if you are charged with a 2nd offense OUI, but the Judge gives you the so-called 24(d) program or an alternative disposition; which is applicable for 1st offense OUI charge; which includes a 45 day loss of license and assigned to the 24(d) program. The RMV must honor that disposition. You will be allowed to get your license back; however, you will have to have the Ignition Interlock installed in your vehicle and you will have to maintain that Ignition Interlock devise for three (3) years.

If, however, the prior OUI conviction is in another state that is not known to the prosecutor and the court, you will not be eligible for the Cahill Hardship License. The Court is not required to treat cases from ten (10) years back as a Cahill disposition. In addition, the Ignition Interlock devise has to be maintained you have to pay a monthly modeling fee along with an installation fee and the RMV does criminalize any proof that you tampered or destroyed the Ignition Interlock device.